Reso 40462 U-88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLIUTION NO. 4046
OF THE PLANNING COMNIISSION',OF THE CITY OF CUPE=O
APPROVING THE CONSTRUCTION of A 5,100 SQ. FTo,
2ND STORY ADDITION AND ASSOCIATED SITE
MODIFICATIONS TO AN EXISTING CHURCH
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WHEP AS, the applicant has met the burden of proof required to,support
said application; and
WEMEAS,, the Planning, Commission finds that the application meets the
following requirements:
a) That the use or uses are in conformance with the General Plan of the
City of Cupertino, and. are not detrimental to existing uses or to
uses specifically permitted in the zone in which the proposed 'use is
to be located;
b) That the property involved is adequate in size and shape to
accommodate the proposed use;
c) That the proposed use will not generate a level of traffic over and
above that of the capacity of.the existing street system.
d) That the proposed use is otherwise not detrimental to the health,
safety,.' peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby recommended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and.
That the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record
concerning Application 2 U-88 as set forth in the Minutes of the Planning
Commission Meeting of April 11, 1988, and are incorporated by reference as
though fully set forth herein.
4
H
RESOLUTION NO. 4046 (2 U-88) 4/11/88
PAGE o 2 e
SECTION II. PROJECT DATA
Application No(s) 2.U-88
Applicant. Good Samaritan Church
Property owner. Same
Location. Southeast corner of Homestead Road and Linnet
Lane
SECTION III. CONDITIONS ADF=STERED BY THE PUBLIC WORKS DEPARMV=
1. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
20 TRAFFIC SIGNS
Traffic control
City.
fir. c'i'•��.
signs shall be placed at locations specified by the
Grading shall be as approved and require by the City Engineer in
accordance with Ordinance 125.
4. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
Surface flow across public sidewalks may be allowed in the R:1. Rm2
and R-3 zones unless storm drain facilities are deemed necessary by
the City Engineer. Development in'all other zoning districts shall be
served by on site storm drainage facilities connected to the City
storm drainage system. If City stormdrains are not available,
drainage facilities shall be installed to the satisfaction of the'City
Engineer.
�� SJRIMMMOW
The developer shall comply with the requirements of the Underground
Utilities Ordinance No. 331 and other` related ordinances and
regulations of the City of Cupertino, and shall coordinate with
affected utility providers for »installation of underground utility
devices. The developer shall submit detailed plans showing utility
underground provisions. Said plans shall be subject to prior approval
of the affected Utility provider and the City Engineer.
RESOLUTION NO. 4046 (2 U-88) 4/11/88
PAGE e 3
The project developer shall enter into a development agreement with
the City of Cupertino providing for payment of fees, including but not
limited to checking and inspection fees, storm. drain fees, park
dedication fees and fees for undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
SECTION IV: CONDITIONS AEF=STERED BY THE PLANNING DEPAFdMM
The recommendation of approval is based on Exhibits A and B of
Application 2U-88, except as may be amended by the Conditions
contained in this Resolution.
Electrical transformers, telephone vaults and similar above ground,
equipment enclosures shall be screened with fencing and landscaping
or located underground such that said equipment is not visible from
public street areas.
In the event that the applicant or subsequent prosy owner ,shall
desire to mace any minor changes, alterations or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Planning and Development.
If the Director makes a finding that the changes are minor and do not.
result in a material affect upon the appearance or function of the
project, said changes may be certifiedon the revised plan.. If
approval of said changes is withheld, the applicant may appeal`to the
Planning Commission.
If the Director finds that the requested changes are material, such
changes shall be referred to the Planning Commission for approval. If
the changes are denied by the Planning Commission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Commission, an appeal may
be made to the City Council by any interested party. Further, any
Member of the City Council may request a hearing before the City.
Council regarding said approved changes. Said request shall be made
within ten (10) days from the date of approval of said changes by the
Planning Commission.
UT i2CO I*, f-MI 100.11 M
All mechanical equipment shall be screened from public view.